Crimes Against the Person: MBE HOMICIDE

Question 1

The Year-and-a-Day Rule

Answer 1

Common Law- Death must occur w/in a year-and-a-day of the homicidal act.

New York/MAJORITY Rule- Death may occur at any time

Question 2

Common Law Murder

Answer 2

1- causing the DEATH
2- of ANOTHER PERSON
3- w/ MALICE AFORETHOUGHT

Question 3

Malice Aforethought for CL Murder is satisfied by any of the following 4 mental states:

Answer 3

1- intent to kill (express malice)

2- intent to inflict serious bodily harm (implied malice)

3- Extreme recklessness/reckless indifference to human life/depraved heart murder

4- Intentional commission of an inherently dangerous felony

Question 4

CL “Intent to Kill” Murder: Special Rules

Answer 4

1- intentional use of a DEADLY WEAPON creates an INFERENCE of an intent to kill

2- * TRANSFERED INTENT *- Ds intent will transfer from the intended victim to the actual victim

NOTE: transferred intent does not apply to attempts, only to crimes w/ completed harms

Question 5

CL Felony Murder: Special Rules

• Def
• conviction required?
• inherently dangerous felonies

Answer 5

• Def: any foreseeable killing of someone other than a co-felon caused during the commission of or attempt to commit a felony
• D must be factually guilty of the underlying felony, but doesn’t have to be charged and convicted of the underlying felony. (if D has a defense tot he felony, he has a defense to felony murder)
• TYPICALLY- burglary; robbery; arson; kidnapping; sexual assult

Question 6

CL Felony Murder: Special Rules

• merger rule
• when does the felony end

Answer 6

• The felony must be INDEPENDENT of the killing. (ex, aggravated assault or battery cannot be the underlying crime for felony murder)
• Killing must take place during the felony or during the immediate flight from the felony. Once the felons reach a place of temporary safety, the felony ends.

Question 7

PROXIMATE CAUSE THEORY OF FELONY MURDER

Answer 7

in MOST STATES (incl. NY), if one of the co-felons proximately causes the victim’s death, ALL of the other co-felons will be guilty of felony murder, EVEN IF the actual killing is COMMITTED by a THIRD PARTY (bystander, cop).

Question 8

AGENCY THEORY OF FELONY MURDER

Answer 8

MINORITY RULE

- in some states, FM applies ONLY if the killing is COMMITTED by one of the CO-FELONS

Question 9

Majority Approach: 1st degree murder

Answer 9

Any killing committed w/
1- PREMEDITATION, and
2- DELIBERATION

Question 10

Majority Approach: 2nd degree murder

Answer 10

All murders other than killing w/ premeditation and deliberation

Question 11

Common Law Voluntary Manslaughter

• definition
• 4 common law requirements

Answer 11

DEF- An INTENTIONAL killing, committed in the HEAT OF PASSION, upon ADEQUATE PROVOCATION

FOUR CL REQUIREMENTS:

(1) Provocation was objectively adequate- would arouse a sudden and intense passion in the mind of a reasonable person
(2) D was ACTUALLY provoked (subjective)
(3) D did not have time to COOL OFF (objective)
(4) D did not ACTUALLY cool off (subjective)

Question 12

Common Law Involuntary Manslaughter – TWO TYPES

Answer 12

1- a killing committed w/ criminal negligence (aka a GROSS deviation from a reasonable standard of care)

2- A killing committed during the commission of a crime to which the felony murder doctrine does not apply.